How 'No-Fault' Attendance Policies Can Put Companies and Workers at Risk

The amount of time off spent by employees can be monitored via a "no-fault" attendance policy, in which workers accrue "points" for unexcused absences, late arrivals, or early departures that can be applied toward discipline or even dismissal once a certain threshold is reached, reports CNN Money . Sometimes employees have to miss work for a reason, such as disability or childbirth, which is legally protected, and this can create problems for employers with inconsistent no-fault policies. For example, two former AT&T Mobility workers recently filed a proposed nationwide class action suit claiming the company's no-fault attendance policy for retail employees unlawfully discriminates against pregnant women. No-fault attendance policies can help supervisors avoid having to make judgment calls and remove any perceived prejudice when it comes to granting time off. When drafted and applied properly, the policies also provide clear guidance on how much time off employees receive and help employers and employees better track missed days. Still, the policies have become less popular in the last five years due to potential legal issues and high-profile litigation, says Jennifer Sims at the Kullman Firm. "Problems occur when not everyone applies the policy consistently, especially when you have a major company with thousands and thousands of employees," notes Janica Pierce Tucker with Taft Stettinius & Hollister. Supervisors should be educated to ask correct questions to determine when absences are federally protected.